Debt Collectors (Field Agents and Collection Agents) Act 2014 (Qld)

Debt Collectors (Field Agents and Collection Agents) Act 2014

An Act to comprehensively provide for the regulation of the activities and conduct of debt collectors and subagents and to protect consumers against particular undesirable practices

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Debt Collectors (Field Agents and Collection Agents) Act 2014.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Act binds all persons (1) This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State, the Commonwealth or any other State liable to be prosecuted for an offence.

4 Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the Fair Trading Inspectors Act 2014, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.

Division 2 Exemptions

5 Public officials (1) Section 30 does not apply to— (a) a bailiff serving a notice, claim, application, summons or other process; or (b) a person, other than a debt collector, who is an enforcement officer or a member of the staff of the State Penalties Enforcement Registry under the State Penalties Enforcement Act 1999— (i) collecting, or requesting payment of, debts; or (ii) serving a notice, claim, application, summons or other process. (2) In this section— bailiff means a bailiff appointed under the Supreme Court of Queensland Act 1991, the District Court of Queensland Act 1967 or the Magistrates Courts Act 1921.